Terms and Conditions

This document lays out the terms and conditions (“Terms”) under which Silver Fork Limited (“Silver Fork”, “we” or “us”) provides services to you. By placing an order on our website, www.silverfork.co.uk (the “Website”), you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you should not use the site; we would appreciate knowing what parts you disagree with – do please drop us a line!
 
We reserve the right to change the Terms from time to time, by updating this agreement. While we will endeavour to notify regular site users of any significant changes, we are not bound to do so.
 

1. About Us

  1. Silver Fork is a private company, limited by guarantee, registered in the UK (registered number 08703870).
  2. Silver Fork’s registered offices are: First Floor Offices, 174 Cowley Road, OXFORD OX4 1UE

2. Law and Jurisdiction

  1. Any claim or dispute arising under the Terms, including third party proceedings or those involving several defendants, shall be governed by the courts of England and Wales. By agreeing to these Terms, you agree to grant exclusive jurisdiction of the Contract to the courts of England and Wales.
  2. You agree not to bring an action to any court or legal authority other than as specified in clause 2.i).
  3. You agree to pay any legal costs incurred by us as a result of you bringing an action before any court other than those specified in clause 2.i).

3. Business Relationship

  1. Silver Fork acts as an online retail agent and delivery partner for a variety of local retailers (“Retailers”). We are neither the buyer nor the seller of any goods ordered (the “Products” or the “Order”).
  2. Any Products remain the property of the Retailers until they are delivered to you at your specified address. The contract to supply the Products is between you and the Retailer. There is no contract, real or implied, between you and us for the sale of the Products.
  3. The delivery service (“Delivery”) is provided to you by us, and the contract to deliver is between you and us. There is no contract, real or implied, between you and the Retailer for the delivery of the Products.
  4. For your convenience, we accept payment for the Delivery and the Products in a single transaction. This is a free service, and Retailers will accept any reasonable order on the basis of our assertion that full payment has been made.

4. Website Access and Terms

  1. By accessing the Website’s checkout facility, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the Website immediately.
  2. We may revise these Terms at any time. You should check the Website regularly to review the Terms, as they are binding on you when accessing the checkout or placing an order. You will be bound by the policies and terms and conditions that are current at the time that you place an Order.

5. About You

  1. By placing an Order through the Website, you warrant that you are legally capable of entering into binding contracts.
  2. By placing an Order through the Website, you warrant that you are at least 18 years of age.
  3. By placing an Order through the Website, you note and acknowledge your awareness of the Licensing Act 1964, under which:
    1. It is an offence for a person under the age of 18 to buy, or attempt to buy, intoxicating liquor
    2. It is an offence for a person over the age of 18 to buy, or attempt to buy, intoxicating liquor on behalf of a person under the age of 18
    3. It is an offence for a person under the age of 18 to buy, or attempt to buy, cigarettes or tobacco products
    4. It is an offence for a person over the age of 18 to buy, or attempt to buy, cigarettes or tobacco products on behalf of a person under the age of 18
  4. In view of the previous clauses, you warrant that you will not place an order containing alcohol or tobacco products on behalf of a person under the age of 18.

6. Making an Order

  1. It is your responsibility to check the contents of your shopping basket before placing your Order. Once your Order is placed, we cannot guarantee that you will be able to change it.
  2. Should your payment be declined, your Order will not be placed.
  3. Once payment is made, refunds cannot be given except where the service or Products are inadequate.
  4. While we encourage Retailers to accept all Orders, each Retailer may choose to decline its portion of your Order, for reasons of stock availability. Should this be the case, either we or the Retailer will contact you to discuss your options, which will be your choice of a substitution or a refund.
  5. Available delivery slots will be presented to you when you place your order; these may vary depending on your delivery address.
  6. This Website contains a large number of Products, many of which fluctuate in price considerably. It is therefore possible that a price may be incorrectly listed on the Website. If the correct price for a Product is different from the amount stated on the Website, we will attempt to contact you as quickly as possible to discuss your preferred action. Neither we nor the Retailer shall be under any obligation to ensure that the Product is provided to you at the incorrect price or to otherwise compensate you for incorrect pricing.
  7. Payment shall be made online by credit or debit card. We do not offer payment by phone, nor can our drivers accept payment at the time of delivery.
  8. If you use any vouchers or discount codes during the checkout process, you agree to be bound by any additional conditions specified with the voucher or code.
  9. Because of standard banking procedures, once you have submitted an Order and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If all or part of your Order is subsequently rejected by the Retailer or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Retailer will be responsible or liable to you in relation to this delay.

7. Delivery

  1. Your selected delivery slot is offered on a best-effort basis.
  2. Should we be forced to cancel your slot in advance, we will contact you directly in order to discuss your preferred course of action. You should ensure that your contact details are kept up-to-date to facilitate this process.
  3. Should our driver be running significantly late, or indeed early, we will attempt to contact you to let you know.
  4. Should the Delivery service be unacceptably early or late, the maximum refund available to you will be the delivery charge.
  5. Should you not be at home when our driver arrives, we will attempt to leave the delivery with a neighbour or in a suitable location outside your property. If we cannot make a suitable arrangement in a reasonable timeframe, we will be forced to cancel the delivery, and you may lose the value of your order. Please note that if there are frozen items in your delivery, leaving the delivery outside your property may not be possible. Cancelling the delivery will always be a last resort for our driver.

8. Products

  1. All Products are offered as described on the site; no additional claims or warranties about the Products are made or implied.
  2. It is your responsibility to check the ingredients of any Product to ensure that it is suitable for your dietary needs. You should assume that products may contain allergens such as nuts and gluten unless the Product is clearly labelled otherwise.
  3. It is the Retailers that are responsible for providing information on Products and for ensuring that it is factually accurate and up-to-date; we do not undertake any such responsibility. If you are in doubt about allergy warnings, ingredients or other Product information, you should confirm with the Retailer directly before ordering.

9. Satisfaction & Customer Care

  1. Should you be dissatisfied with any aspect of our service, please get in touch with us. We want to provide a fantastic service, and if you feel that this has not been the case, we want to put it right.
  2. If you are not satisfied with the quality of the Products provided, you should initially contact the Retailer directly – this is what we would do in any case, and should allow you to get the problem fixed quicker. If the Retailer is unable to provide you with a satisfactory resolution, please contact the Silver Fork office and we will take it up ourselves.
  3. If you have agreed with a Retailer to accept a product substitution, that agreement is binding. We cannot return agreed substitutions to Retailers.
  4. If you are not satisfied with the Delivery, you may be eligible for a refund on the delivery charge. Please contact the Silver Fork office with details, and we will discuss it further with you.
  5. To contact the Silver Fork office, please use the “Contact” form on our site.

10. VAT

  1. All prices quoted on the Website include any applicable VAT. Delivery is subject to VAT, and this is again included in the cost you see.
  2. Please contact us if you require a VAT receipt.

11. Licence to use site

  1. You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
    1. You must not misuse the Website (including hacking or "screen-scraping").
    2. Unless otherwise stated, the copyright and other intellectual property rights to the Website and to the material published on it (including without limitation photographs and images) are owned by us, the Retailers, or our licensors. These works are protected by copyright laws and all rights are reserved.
  2. You must not modify the digital or paper copies of any materials that you print off when accessing the site, and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
  3. You must ensure that our status as the author of the material on the Website is always acknowledged.
  4. You must obtain written permission from us before using any material from our Website in any public media, whether in physical print, online or as spoken word.
  5. You may not use any of the materials on the Website or the Website itself for commercial purposes without obtaining written consent from us to do so.
  6. Any rights not expressly granted in these Website Terms are reserved.
  7. Links to third party websites on the Website are provided solely for your convenience, and we have not checked the security or content of such sites. We do not endorse or condone any representation made on such sites. If you use these links, you do so at your own risk, and are considered to have left the Website.
  8. You may link to the Website's homepage (www.silverfork.co.uk), provided that:
    1. You do so in a manner which does not damage our reputation or seek to gain advantage through association with our brand;
    2. You only post links on sites where you have the relevant permissions to remove the link again if need be;
    3. You do not suggest an association with us or endorsement by us where none exists;
    4. You acknowledge our right to withdraw permission to post links at any time

12. Site Availability

  1. Silver Fork endeavours to keep the Website running normally around the clock; however we do not undertake any obligation to do so, and we will not be liable to you or to any third party if the Website is unavailable at any time or for any period of time.
  2. Access to the Website may be suspended temporarily at any time and without notice.
  3. While we take all reasonable measures to ensure the security of information transmitted to and from the Website, the internet is not completely secure, and any transmission of information is at your own risk.

13. Disclaimers

  1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. These Terms do not affect your statutory rights.
  2. Subject to clause 13.i), we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
    1. any loss of profits, sales, business, or revenue;
    2. any loss of anticipated savings;
    3. loss of any business opportunity;
    4. any loss or corruption of data, information or software;
    5. any loss of goodwill; or
    6. any indirect or consequential loss.
  3. Subject to clauses 13.i) and 13.ii), our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of your Order or £50, whichever is lower.
  4. You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

14. TERMINATION

  1. We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe at our sole discretion that:
    1. you have used the Website in breach of the Licence set out in section 11;
    2. you have linked to the Website in a manner contrary to section 11; or
    3. you have breached any other material terms of these Website Terms.
  2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

15. Formal COMMUNICATION

  1. Where applicable laws require that some of the information or communications we send to you should be in writing, you accept that this shall in most cases be via email or by placing appropriate notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

16. Excluded Events

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event")
  2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    1. Civil unrest; riots; invasions; terrorist attacks; wars (officially declared or de facto), threats of war or preparations for war;
    2. Fires, floods, storms, explosions, earthquakes, subsidence, epidemics or other natural disasters;
    3. Strikes or other industrial action;
    4. Impossibility of use of any means of transport, whether public or private;
    5. Failure of or impossibility of use of telecommunications networks, whether public or private; and
    6. Regulations, restrictions, decrees, legislation and other acts of any government.
  3. For the duration of any Force Majeure Event, our duties under the Terms will be deemed to be suspended. We will seek reasonable means by which to meet our obligations under the Terms, however this shall be on a best-effort basis.
  4. The duration of a Force Majeure Event shall be deemed to include a reasonable time period for recovery, clean-up, and resolution of any consequent personal matters requiring the attention of our personnel.

17. Additional Terms

  1. Your personal data will be processed in accordance with our Privacy Policy. You should take time to read this Policy, which is available from our website.
  2. Use of the Website requires you to accept browser cookies. You will be prompted to do so when you first access the site.
  3. If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  4. These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
  5. The headings included in these Terms are for your convenience only, and shall not affect the interpretation of the Terms.
  6. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms shall not be interpreted as a waiver of your or our rights or remedies.
  7. You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business which we purchase or are sold to, or with whom we enter into a joint venture.